Title 55 — State Historical Society and State Parks

All revenues collected as permit fees, admissions, use charges, rentals, compensation for concession agreements, or otherwise, with the exception of revenue from bequests, trusts, or gifts, and with the exceptions noted in subdivisions a and b of subsection 4 of section 55-08-06,…

1. The director shall maintain a state parks and recreation concession revolving fund to be used for the following: a. Procurement and maintenance of an inventory of food, nonintoxicating beverages, and other merchandise and supplies of a suitable nature for the operation of conc…

For the purpose of paying all or part of the cost of acquisition, construction, reconstruction, improvement, betterment, or extension of properties for state parks, state campgrounds, state recreation areas, and reserves, as described in subsection 2 of section 55-08-07, which ma…

After the issuance of any bonds under section 55-08-08, the state treasurer shall transfer revenues at the times and in the amounts directed in section 55-08-07 to a special trust fund to be known as the state park revenue bond fund, which must be maintained in the state treasury…

The board shall pledge irrevocably the revenues appropriated by section 55-08-07 to the state park fund for the payment of principal and interest due on all bonds issued pursuant to section 55-08-08 and for the accumulation and maintenance of the reserve in the state park revenue…

No buildings or additions may be erected, and no bonds may be issued or the proceeds used for the payment of the cost of any projects under section 55-08-08, except for specified projects designated and authorized by legislative act, or the board if permitted by the legislative a…

The director of the parks and recreation department may enter into any agreements or contracts with the United States of America or any agency or instrumentality thereof when the director considers such action advisable or necessary in order to obtain a grant of funds or other ai…

This chapter does not authorize or permit any state board or agency or any state officer to create any indebtedness of the state or to incur any obligation of any kind or nature except an obligation payable solely from the special trust funds created under this chapter and the re…

Repealed by S.L. 2003, ch. 42, § 9.

Repealed by S.L. 2023, ch. 526, § 5. 55-08-15. Attorney general, state's attorneys, sheriffs, and peace officers to enforce chapter. The attorney general and all state's attorneys, sheriffs, and other peace officers shall enforce this chapter.

There is hereby established a uniform complaint and summons which may be used in cases involving violations of this chapter. Whenever the complaint and summons established by this section is used, the provisions of the North Dakota Rules of Criminal Procedure relating to arrests …

Any person violating a provision of this chapter for which a penalty is not specifically provided is guilty of a noncriminal violation.

Any person who has been cited for a violation of this title or related rules may appear before a court of competent jurisdiction and pay the statutory fee at or prior to the time scheduled for a hearing or, if bond has been posted, may forfeit the bond by not appearing at the sch…

The fees required for a noncriminal disposition pursuant to section 55-08-18 are as follows: 1. For a class 1 noncriminal offense, a fee of one hundred dollars. 2. For a class 2 noncriminal offense, a fee of fifty dollars. 3. For a class 3 noncriminal offense, a fee of twenty-fiv…

It is hereby declared to be in the public interest to provide for the preservation of historic sites, buildings, structures, and antiquities of state and national significance for the inspiration, use, and benefit of the people of the state of North Dakota.

1. Land or water areas containing historical or archaeological value for the purpose of this chapter are designated as "state historic sites". A state historic site is also an area designated by the state historical society as a site possessing historical value of state or nation…

Repealed by S.L. 2001, ch. 503, § 57. 55-10-04. State historic sites - Registry - State-owned lands administered by the parks and recreation department or state historical society. Repealed by S.L. 2001, ch. 503, § 57.

Repealed by S.L. 2001, ch. 503, § 57.

Repealed by S.L. 2001, ch. 503, § 57.

Whenever the state or any governmental subdivision acquires any of the property listed in the state historic sites registry as a state historic site, the officer in charge of the acquisition shall notify in writing, as promptly as may be expedient, the director of the state histo…

The state and its political subdivisions shall cooperate with the director of the state historical society in safeguarding state historic sites and in the preservation of historic and archaeological sites.

Sites designated as state historic sites may be changed from time to time. The director of the state historical society shall notify the legislative assembly of each change.

The state of North Dakota hereby recognizes the provisions of Public Law 89-665, [16 U.S.C. 470 et seq.] approved October 15, 1966, an Act to establish a program for the preservation of additional historic properties throughout the nation, and all acts amendatory and supplementar…

The state historical society may develop and administer a historical marker program for the purpose of identifying local, state, and national points of interest in this state. The society shall authorize official markers to mark recognized sites and shall maintain an official his…

A person is guilty of an infraction if the person destroys, removes, alters, defaces, or damages any state historical marker.

If the state historical society acquires a missile silo historic site, the site is named the Ronald Reagan historic site.

As a result of the continuing growth of the population and development of the economy of the state of North Dakota, it is necessary and desirable that natural areas be set aside and preserved for the benefit of present and future generations before such areas are destroyed. Such …

As used in this chapter, unless the context otherwise requires: 1. "Articles of dedication" means the writing by which any estate, interest, or right in a natural area is formally dedicated as permitted by section 55-11-05. 2. "Dedicate" and "dedication" mean the transfer to the …

In order to secure for the people of the state of North Dakota, of present and future generations, the benefits of an enduring resource of natural areas, the state of North Dakota, acting through the department, shall acquire and hold in trust for the benefit of the people of the…

Repealed by S.L. 1991, ch. 640, § 41.

The department is authorized and empowered, for and on behalf of the state of North Dakota, to acquire nature preserves by gift, devise, or exchange, or purchase, with prior approval of the legislative assembly or governor. The department may acquire the fee simple interest in a …

An estate, interest, or right in a natural area may be dedicated by any state agency having jurisdiction thereof, by any other unit of government within the state having jurisdiction thereof, and by any private owner thereof. A dedication must be deemed effective, and a natural a…

Articles of dedication may contain restrictions and other provisions relating to management, use, development, transfer, and public access and may contain such other restrictions and provisions as may be necessary or advisable to further the purposes of this chapter. They may, co…

With the approval of the governor and upon such terms and conditions as the department may determine, the department may, after giving notice and holding a public hearing as provided in section 55-11-12, enter into amendments of any articles of dedication upon a finding by the de…

In furtherance of the purposes of this chapter and in implementation of the powers and duties provided in this chapter, the department has the following additional powers and duties: 1. To formulate policies for the selection, acquisition, use, management, and protection of natur…

Repealed by S.L. 1991, ch. 640, § 41.

Each nature preserve within the system is hereby declared to be held in trust for those uses and purposes expressed in this chapter, which are not prohibited by the articles of dedication, for the benefit of the people of the state of North Dakota, of present and future generatio…

Before the department makes any finding of the existence of an imperative and unavoidable public necessity of a higher nature, or grants any estate, interest, or right in a nature preserve, or disposes of a nature preserve or of any estate, interest, or right therein as provided …

Nothing contained in this chapter may be construed as interfering with the purposes stated in the establishment of or pertaining to any state or local park, preserve, wildlife refuge, or other area, or the proper management and development thereof, except that any agency administ…

Any property held by a museum or historical society in this state that is held for ten years or more and to which no person has made claim is deemed to be abandoned and becomes the property of the museum or society, provided the museum or society has complied with the publication…

The museum or society shall publish a notice as a display advertisement entitled "notice of abandoned property held by a museum or historical society" at least once each week for two successive weeks in a legal newspaper of general circulation in the county in this state where th…

The published notice for abandoned property held by a museum or historical society must contain: 1. The name and last-known address, if any, of the last-known owner of property; 2. A description of the property; and 3. A statement that if proof of claim is not presented by the ow…

If no claim has been made to the property within sixty-five days from the date of the second published notice, title to the property vests in the museum or society, free of all claims of the owner and of all persons claiming through or under the owner.

As used in this chapter, "archival resources" means those noncurrent public records which are no longer essential to the functioning of the agency of origin and which the state archivist determines to have permanent value for research, reference, or other use appropriate to docum…

The director of the state historical society shall employ an archivist in the position of state archivist, who must be under the general supervision of the director, and any other personnel necessary to administer this chapter. The compensation of personnel employed by the direct…

The state archivist shall: 1. Establish and maintain a program for the selection and preservation of state records and advise in the establishment of programs for the selection and preservation of local records. 2. Give advice and assistance on problems concerning archival resour…

The state archivist may negotiate for, acquire, and receive records, writings, and illustrative materials of permanent value from nonpublic sources for research and reference purposes.

The state historical society is the depository of the archival resources of the state. However, the state historical society may enter into agreements with the state universities or any other public or quasi-public or private institutions, agencies, or corporations to serve as de…

The state archivist shall prepare receipts for any archival resources acquired and shall deliver one copy to the state records administrator, one copy to the person or agency from which the archival resources were obtained, and shall retain one copy.

The state archivist shall take all precautions necessary to ensure that records placed in the custody of the state archivist, the use of which is restricted by or pursuant to law or for reasons of security and public interest, must be inspected, surveyed, or otherwise used only i…